Opinion
Argued April 27, 1999
June 14, 1999
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated September 15, 1998, which granted the plaintiff's motion to reargue its previous cross motion for summary judgment dismissing the defendant's counterclaim and, upon reargument, granted the cross motion and dismissed the counterclaim.
Seymour Pienkny, Babylon, N.Y., for appellant.
Marshall, Conway Wright, P.C., New York, N.Y. (David F. Tavella of counsel), for respondent.
GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant's contentions on appeal that the counterclaim alleged a valid indemnification claim and that General Obligations Law § 15-108 does not bar claims for indemnification, were not raised before the Supreme Court and, therefore, are unpreserved for appellate review ( see, Jenkins v. Meredith Ave. Assocs., 238 A.D.2d 477; Dannhauser v. County of Suffolk, 216 A.D.2d 514).